STATE & LOCAL GOVERNMENTSTATE & LOCAL GOVERNMENTRoots on NC State GovernmentRoots on NC State Government

The NC ConstitutionThe NC Constitution

Civil Rights MovementCivil Rights Movement

NC General AssemblyNC General Assembly

NC Executive BranchNC Executive Branch

NC Judicial BranchNC Judicial Branch

Local Government BasicsLocal Government Basics

Municipal GovernmentMunicipal Government

County GovernmentCounty Government

State Government BudgetState Government Budget

Local Government BudgetLocal Government Budget

Roots of NC State GovernmentRoots of NC State GovernmentNorth Carolina & IndependenceNorth Carolina & Independence

First Provincial CongressFirst Provincial Congress – 8/25/1774 – elected – 8/25/1774 – elected representatives to the Continental Congressrepresentatives to the Continental Congress

Edenton Tea PartyEdenton Tea Party – women burned supply of tea & – women burned supply of tea & issued statement protesting British policy.issued statement protesting British policy.

Mecklenburg DeclarationMecklenburg Declaration – decided that only the – decided that only the Provincial Congress had government authority.Provincial Congress had government authority.

Halifax ResolvesHalifax Resolves – 4/12/1776 – 4 – 4/12/1776 – 4thth Provincial Congress of Provincial Congress of NC called for total independence from Great Britain. NC called for total independence from Great Britain. (1(1stst colony) colony)

Need for a Bill of Rights Need for a Bill of Rights – NC delegates voted not to – NC delegates voted not to approve the Constitution without a Bill of Rights.approve the Constitution without a Bill of Rights.

FederalismFederalismA system of government in which the states and the A system of government in which the states and the federal government share power.federal government share power.1010thth Amendment established powers of the states. Amendment established powers of the states.Federalism – enumerated powers (federal), reserved Federalism – enumerated powers (federal), reserved powers (state), concurrent powers (both)powers (state), concurrent powers (both)

NC State ConstitutionNC State ConstitutionState & Federal Government SimilaritiesState & Federal Government Similarities

- Preamble- Preamble - State Powers- State Powers- Bill of Rights- Bill of Rights - Gov Responsibilities- Gov Responsibilities

- Framework of Gov- Framework of Gov - Provision for Local Gov- Provision for Local Gov- 3 Branches of Gov- 3 Branches of Gov - Amendment Process- Amendment Process

Constitutional PrinciplesConstitutional Principles- Popular Sovereignty- Popular Sovereignty - Separation of Power- Separation of Power- Checks & Balances- Checks & Balances - Amendment (flexibility)- Amendment (flexibility)

NC ConstitutionNC ConstitutionConstitution of 1776Constitution of 1776 – created a bicameral legislature, – created a bicameral legislature, executive headed by governor and a Council of State, and executive headed by governor and a Council of State, and a court system.a court system.Changes in 1835Changes in 1835 – voters gained power to directly elect the – voters gained power to directly elect the Governor & approve or reject amendments. Took voting Governor & approve or reject amendments. Took voting rights from men of African descent and Native Americans.rights from men of African descent and Native Americans.Constitution of 1868Constitution of 1868 – US Congress required all former – US Congress required all former Confederate States to rewrite Constitution. All men 21 Confederate States to rewrite Constitution. All men 21 years or older could vote, regardless of race.years or older could vote, regardless of race.Constitution of 1971Constitution of 1971 – Freedom of Speech and equal – Freedom of Speech and equal protection added.protection added.

NC – Civil Rights MovementNC – Civil Rights MovementCivil Rights & SegregationCivil Rights & Segregation

Civil RightsCivil Rights – protections granted in the Constitution that – protections granted in the Constitution that requires equal treatment under the law.requires equal treatment under the law.

SegregationSegregation – late 1800’s many southern states including NC – late 1800’s many southern states including NC had adopted Jim Crow laws to segregate in many public had adopted Jim Crow laws to segregate in many public facilities.facilities.

1875 Constitution1875 Constitution – banned white & African American children – banned white & African American children from attending the same schools.from attending the same schools.

General AssemblyGeneral Assembly – passed laws segregating buses, hospitals, – passed laws segregating buses, hospitals, and prisons.and prisons.

Ending SegregationEnding SegregationBrown v. Board of EdBrown v. Board of Ed – segregated schools unconstitutional. – segregated schools unconstitutional.Enforcing Brown in NCEnforcing Brown in NC – Pearsall Commission – proposed local – Pearsall Commission – proposed local

school boards be given more authority, also planned to school boards be given more authority, also planned to provide payments for students to attend private schools.provide payments for students to attend private schools.

Swann v. Charlotte Board of EdSwann v. Charlotte Board of Ed – Pearsall Plan – Pearsall Plan unconstitutionalunconstitutional. . Schools were not totally desegregated Schools were not totally desegregated until late 1960’s, early 1970’s.until late 1960’s, early 1970’s.

Sit-In MovementSit-In Movement – Greensboro Woolworth’s February 1960; – Greensboro Woolworth’s February 1960; movement spread throughout NC and the South.movement spread throughout NC and the South.

NC General Assembly NC General Assembly (Legislative Branch)(Legislative Branch)

LEGISLATIVE BRANCH – General Assembly – Make the LawStatute – a law passed by the state government.

House of RepresentativesSenateMembers 120 50Term Length 2 years 2 yearsQualifications 21 years old 25 years old

district 1 year 2 years in NC district 1 year

Legislative Sessions – odd # years = long session – January to June.even # years = short session – begins in May and lasts 6 weeks. Governor may also call special sessions.

Law Making Process – very similar to US Congress. Override veto only requires 60% of both houses.

NC Executive BranchNC Executive Branch

EXECUTIVE BRANCHEXECUTIVE BRANCH

Governor – Enforce the LawGovernor – Enforce the LawTerm LengthTerm Length – 4 Years – 2 consecutive term limit – 4 Years – 2 consecutive term limit

QualificationsQualifications – 30 years old, live in US 5 years, live in US 2 – 30 years old, live in US 5 years, live in US 2 yearsyears

Lieutenant GovernorLieutenant GovernorTerm LengthTerm Length – 4 Years – 4 Years

QualificationsQualifications – 30 years old, live in US 5 years, live in US 2 – 30 years old, live in US 5 years, live in US 2 yearsyears

DutiesDuties - President of the Senate, serves on various boards & - President of the Senate, serves on various boards & commissions.commissions.

Executive DepartmentsExecutive DepartmentsCabinetCabinet – 10 members appointed by the governor – 10 members appointed by the governor

Council of StateCouncil of State – 8 members elected by the people of NC. – 8 members elected by the people of NC. Operate independently of the Governor.Operate independently of the Governor.

JUDICIAL BRANCHJUDICIAL BRANCH

Interpret the LawInterpret the LawDistrict CourtDistrict Court – civil cases < $10,000; misdemeanors, domestic, – civil cases < $10,000; misdemeanors, domestic,

juveniles – judges elected 4 year termsjuveniles – judges elected 4 year terms

Superior CourtSuperior Court – civil cases> $10,000; felonies, appeals of – civil cases> $10,000; felonies, appeals of misdemeanors – judges elected 8 year termsmisdemeanors – judges elected 8 year terms

Court of AppealsCourt of Appeals – 3 judges per case; appeals except the death – 3 judges per case; appeals except the death penalty – judges elected 8 year termspenalty – judges elected 8 year terms

Supreme CourtSupreme Court – 7 justices; appeals – first appeal of death penalty – – 7 justices; appeals – first appeal of death penalty – judges elected 8 year termsjudges elected 8 year terms

Landmark Court DecisionsLandmark Court DecisionsBayard v. Singleton (1787)Bayard v. Singleton (1787) – family property seized by state law for – family property seized by state law for

being a loyalist. Appeals court ruled law unconstitutional (judicial being a loyalist. Appeals court ruled law unconstitutional (judicial review – state gov)review – state gov)

State v. Mann (1830)State v. Mann (1830) – Mann was prosecuted for beating a slave. – Mann was prosecuted for beating a slave. Court overruled conviction, said that owner could not be Court overruled conviction, said that owner could not be prosecuted for beating a slave.prosecuted for beating a slave.

Leandro Case (1997)Leandro Case (1997) – ruled that the state constitution does not – ruled that the state constitution does not require equal funding of education.require equal funding of education.

NC Judicial BranchNC Judicial Branch

LOCAL GOVERNMENTLOCAL GOVERNMENTTypes of Local GovernmentTypes of Local Government – County & Municipality – County & Municipality

MunicipalityMunicipality – a city, town, or village with an – a city, town, or village with an organized government and the authority to make organized government and the authority to make and enforce laws. (State General Assembly grants and enforce laws. (State General Assembly grants charter)charter)

OrdinanceOrdinance – a law passed by a local government. – a law passed by a local government.

ZoningZoning – designating different areas of land for – designating different areas of land for different uses.different uses.

1.1. residential – housingresidential – housing2.2. commercial – business (retail, etc…)commercial – business (retail, etc…)3.3. industrial – factoriesindustrial – factories

AnnexationAnnexation – incorporating land into a – incorporating land into a municipality.municipality.

MUNICIPAL GOVERNMENTMUNICIPAL GOVERNMENTMunicipality GovernmentMunicipality Government

Each municipality elects a governing board. (City Each municipality elects a governing board. (City Council, Town Council, Board of Commissioners, Council, Town Council, Board of Commissioners, Board of Alderman)Board of Alderman)

Elections (At Large, by Ward, or Mixture)Elections (At Large, by Ward, or Mixture)

Pass Ordinances – municipal policies, approve Pass Ordinances – municipal policies, approve budgets, set municipal tax rates, regulate what budgets, set municipal tax rates, regulate what people can do in the municipality.people can do in the municipality.

MayorMayor

Usually elected, not always. Presides over Usually elected, not always. Presides over meetings of the council.meetings of the council.

Council-Manager SystemCouncil-Manager System

Governing board hires a professional called a Governing board hires a professional called a “manager”, to carry out policies.“manager”, to carry out policies.

COUNTY GOVERNMENTCOUNTY GOVERNMENTCounty GovernmentCounty Government

County CommissionersCounty Commissioners – voters elect commissioners (3- – voters elect commissioners (3-11). Chairperson – may be elected or chosen by 11). Chairperson – may be elected or chosen by commissioners.commissioners.

County Commissioners are responsible for the County Commissioners are responsible for the following…following…

Hire administrators for education, elections, Hire administrators for education, elections, mental health, public health, social services, mental health, public health, social services, alcoholic beverage control, and soil and water alcoholic beverage control, and soil and water conservation.conservation.

LEA – Local Education AuthorityLEA – Local Education Authority

Voters elect a school board to carry out state Voters elect a school board to carry out state education policy.education policy.

GOVERNMENT FINANCESGOVERNMENT FINANCESState Budget ProcessState Budget Process

Fiscal YearFiscal Year – (July 1 – June 30) – (July 1 – June 30)

BudgetBudget – Begins July 1 of odd-numbered year – June 30 – Begins July 1 of odd-numbered year – June 30 of next odd-numbered year.of next odd-numbered year.

RevenueRevenue - $ the state government has to operate. - $ the state government has to operate. (Taxes, fees, etc…)(Taxes, fees, etc…)

ExpendituresExpenditures - $ the state government will spend on - $ the state government will spend on programs.programs.

Balanced BudgetBalanced Budget – Expenditures = Revenue – Expenditures = Revenue

GovernorGovernor – prepares budget for two fiscal years. – prepares budget for two fiscal years.

General AssemblyGeneral Assembly – must pass the budget. Propose – must pass the budget. Propose ways to raise revenue & cut expenditures. Often ways to raise revenue & cut expenditures. Often they do not pass budget by July 1.they do not pass budget by July 1.

GOVERNMENT FINANCESGOVERNMENT FINANCESLocal Government BudgetLocal Government Budget

ExpendituresExpenditures

utilities (water, sewage) utilities (water, sewage)

public safetypublic safety

public schools public schools

public healthpublic health

mental healthmental health

social servicessocial services

RevenuesRevenues

user Fees (water, sewage)user Fees (water, sewage)

property taxproperty tax

intergovernmental revenueintergovernmental revenue